General Terms & Conditions

GENERAL

1. This policy (together with the documents referred to in it, particularly the Privacy Policy) sets out the terms and conditions upon which Jenny Craig Weight Loss Centres (NZ) Limited (271677) (Jenny Craig, we, us, our) will supply to the Customer (you, your) the products namely the Rapid Results Weight Loss Plan, which consists of a weekly menu containing 28 individually packaged meals and snacks) (together and individually referred to as Products) as listed on our Website store.jennycraig.co.nz (Website) (together the Terms).

2. You should review these Terms (including the Privacy Policy which can be found here) carefully before ordering any Products from our Website. If you do not agree to these Terms, you should immediately cease using our Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

3. By placing an order through our Website, you warrant that you:

(a) are at least 18 years old; 

(b) are legally capable of entering into a binding contract; 

(c) are residing in New Zealand; and

(d) agree to these Terms.

PLACING AN ORDER

4. You may order Products by selecting and submitting your order through our Website. 

5. Any order placed through our Website for Products, is an offer by you to purchase the particular Products for the price notified on the Website (including delivery, tax and any other charges as may be applicable) at the time of your order.

6. By placing an order, you agree to provide us with up to date, complete and correct details when asked to do so by the Website. We may request certain personal identifiable information from you and ask you to provide additional details, to enable us to process any orders placed. You may be required to provide contact information (such as name, email, and address (for delivery or otherwise)) and financial information (such as credit card number, expiration date and CCV). Please refer to our Privacy Policy for more information on how we collect and use your information.

7. Each order placed for Products through our Website which we accept, results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms.

PRICE AND PAYMENT

8.  We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable): 

(a) the purchase price of each Products ordered, which is shown on the Website at the time you place your order;

(b) the membership fees, as shown on the Website, if any;

(c) the delivery charges provided to you at the time of your order, if any; and

(d) any other fees and charges set out in these Terms.

9. All fees and charges set out in Terms and all prices for the Products listed on the Website include GST (where applicable).

10. The price of the Products and our membership and delivery and other charges will be as quoted on the Website from time to time, except in cases of obvious error.

11. Payment for all Products may be made by credit card (we accept payment by Visa and Mastercard) or by Zip. Please note Zip are not services provided by Jenny Craig. Zip is a facility offered by Zip Co NZ Limited. If you would like to know more about Zip, please visit the Zip website https://zip.co/nz.

12. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order. If:

(a) a Product that you have ordered is not available and we have not provided you with a substitute; or

(b) you cancel an order within the timeframe set out in these terms,

we will provide you with a refund within 3 - 5 business days to your card of purchase, to the value of the Products that were not supplied to you.

13. After ordering online, you will receive an email confirmation from us containing your order details to the email address used to place the order.

14. If Products you have ordered are out of stock or unavailable, due to high demand or otherwise, we reserve the right to provide you with substitute Products.

CANCELLING AN ORDER

Cancellation by us

15. We may cancel any part of an order (including those orders that we have accepted) without any liability for that cancellation at any time if:

(a) the requested Products in that order are not available;

(b) there is an error in the price of the Products or in the description of the Products listed on the Website;

(c) that order has been placed in breach of these Terms; 

16. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the delivery date (or, in the case of click & collect, before you collect the order) or if you are not at fault or in breach of these Terms.

Cancellation by you

17. Due to the nature of our business, if you intend to cancel your order, we require minimum notice of 48 hours prior to your delivery/ the time nominated for your click & collect. This must be done by calling our Customer Care Team on 0800 502 302, Monday to Saturday only, or by emailing us at customercare@jennycraig.co.nz

18. If you cancel an order within 48 hours prior to your delivery/ the time nominated for your click & collect, we are not able to offer you a refund and your order will proceed to be delivered to you.

DELIVERY

19. At present, we are able to deliver to the majority of areas across New Zealand. However, if on receipt of your Order, we identify that we are unable to deliver to your area due to it being a remote location or otherwise, we will contact you as soon as possible to arrange a refund. 

20. You agree to provide us with complete and accurate information in respect of your delivery address, to enable us to fulfil your order that we have accepted. A delivery address may not be altered once an Order has been placed.

21. Unfortunately, we cannot give or adhere to a request for a specific delivery time. However, we estimate your order will be delivered within one (1) and four (4) days of placing your order.

22. Unless specific instructions are otherwise provided, our standard procedure is to deliver the Products to the front gate or front door at the address provided by you if we deem the premises safe and secure. If you ask us to deliver, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the address provided by you.

23. Subject to the terms of our Refund Policy below, we accept no responsibility for loss, deterioration or damage to any Products once they have been delivered to your nominated delivery address. We note that, as a guideline, to ensure product integrity, you must place frozen Products into a freezer as soon as possible.  

24. We will not be held liable for any financial or physical damages of any kind. We will not replace or provide a refund for any Products ordered by you and/or delivered to you by mistake. 

25. You must notify us if you have received an incorrect Product/s or if you are missing any Products within 24 hours of delivery by phone on 0800 502 302.  Missing Products will be refunded to you to your card of purchase. Failure to comply with these policies will result in no replacement Product/s or refund.

26. We reserve the right to change or alter delivery days and times, without notice.  

CLICK & COLLECT

27.  If, when placing an order for Products on our Website, you have selected the click & collect option, the terms and conditions set out in this section F will apply.

28. On selecting the click & collect option, you will be provided with:

(a) details of your nearest Jenny Craig Centre/s so you may nominate a Centre for collection of your order (Nominated Centre); and

(b) one or more allocated timeframes, for your nomination, within which you must collect your order (Timeframe).

29. You order will be available for collection at your Nominated Centre Monday to Thursday inclusive, only. Our click and collect service is not available Friday to Sunday inclusive. If you place your order after 2pm on a Wednesday, it will not be ready for collection until Monday. 

30. Opening hours may vary from centre to centre. Please ensure you verify the opening hours of your Nominated Centre before attending for collection, by telephoning the Centre or visiting our Find a Centre.

31. You must collect your order within the Timeframe nominated when placing your order. We will only hold your order up to one (1) week after the expiry of your Timeframe. If you fail to collect your order during that additional one (1) week period, we will issue you with a refund. 

32. To collect your order, you must to attend at your Nominated Centre with your confirmation of order email, your order number and a physical photo ID.

33. From time to time, we may need to substitute Product/s in your order for other similar Product/s if a Product is unavailable for any reason.

34. Subject to the terms of our Refund Policy below, we accept no responsibility for loss, deterioration or damage to any Products once they have been collected by you. We note that, as a guideline, to ensure product integrity, you must place frozen Products into a freezer within three (3) hours of the time of collection.

35. There is no additional charge for click & collect.

36. Click & collect is offered subject to availability. Not all Jenny Craig Centres offer the click and collect service. 

REFUND POLICY

Jenny Craig Satisfaction Guarantee

37. Subject to the terms set out below, Jenny Craig offers a five (5) day Satisfaction Guarantee on your first order. The Satisfaction Guarantee is offered in addition to the rights and remedies available under the Law. 

38. Under the Satisfaction Guarantee, if for any reason you are not 100% satisfied with your first order of Products, you may return the unused portion of your Products to us, for a full refund of the purchase price.

39. To claim the Satisfaction Guarantee, you must:

(a) within 5 days of receiving delivery of your first order, contact the Customer Care Team at customercare@jennycraig.co.nz or on 0800 555 123 to advise why you are not satisfied and to register your claim; and

(b) within 5 days of receiving confirmation from the Customer Care Team of the registration of your claim, send the dry food Products in your order (only) to the Jenny Craig NZ, 166 Cameron Road, Tauranga, Bay of Plenty, NZ, 3110 (Head Office),

(Claim Requirements)

40. Items returned outside the Claim Requirements will be discarded and no refund will be issued. Returns will only be accepted at Head Office. They will not be accepted to any other address or to any of our Jenny Craig Centres. However, this is not intended to limit the applicability of rights and remedies available under the Law where items do not meet a statutory guarantee.

41. Once the Products are received by Head Office, a refund will be issued to you via your original payment method within 3 - 5 business days and an e-mail notification will be sent to you. If cash was used or your original payment method is no longer valid, a cheque will be mailed to the mailing address we have for you on our file within 2 to 3 weeks. If the Products are not received by Head Office, we will be unable to provide a refund. 

42. The Satisfaction Guarantee is only available to new members only, on their first order only. For completeness, there is a limit of one Satisfaction Guarantee claim per one person.

43. The Satisfaction Guarantee claim is available on your full first order, which may include the following items:

(a) any additional items purchased by you along with your weekly menu (such as vitamins) in your first order; and

(b) any amounts paid by you for delivery of your first order.

44. Any membership costs paid are excluded from the Satisfaction Guarantee and will not be refunded.

Other Refunds

45. Outside of the Jenny Craig Satisfaction Guarantee, due to the nature of our Website, we are not obliged to refund any payment you make to us, except as required under the Law. 

46. If you placed an order on our Website and have received Products that are not what you ordered or faulty you may contact us by phone on 0800 502 302 or by email on customercare@jennycraig.co.nz within twenty-four (24) hours of the time of delivery or collection via click and collect, to organise a refund. We may require photos of the Product/s to assist in our investigation.

47. If you have taken up the delivery option and Products have been damaged during the delivery process, then you may also contact us by phone on 0800 502 302 or by email on customercare@jennycraig.co.nz within twenty-four (24) hours of the time of delivery to organise a refund. In addition:

(a) we may require photos of the Product/s and/ or delivery to assist in our investigation; and

(b) failure to contact us within the above designated time will deem your acceptance of the delivery, which you will be charged for. We may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged. Any refunds will be processed to your card of purchase only.

48. If, following an investigation under either clause 46 or 47 above, there is no fault on our part, you will bear all costs associated with the refusal and return of any order. Failure to adhere to our Terms will prohibit any refunds being issued to you.

49. If the Products have been opened, used or damaged after delivery or, if you take up the click & collect option, after you have collected the Products from a Centre, or if any attempt has been made to alter the Products, we will not offer a refund except as required by Law. 

WARRANTIES AND DISCLAIMERS

50. To the maximum extent permitted by law, we make no warranties or representations about the Website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure. 

51. We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

52. You expressly agree that your use of, or inability to use, the service provided at the Website is at your sole risk. The service and all Products ordered by you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

GENERAL MATTERS

53. (Membership Required) In purchasing the Products, you are required to hold a membership with us and, if applicable, pay a membership fee.

54. (Discounts) From time to time, discounts may be available (whether to our existing members (including but not limited to our VIP Members) or otherwise) on the Products available for purchase on our Website. From time to time there may also be a delivery offer available, which may be used in conjunction with the purchase of Products.

55. (Title) Title in the Products will pass to you from the time of delivery or, in the case of click & collect, at the time the Products are collected by you.

56. (Disputes) Any disputes must to be lodged in writing to us at customercare@jennycraig.co.nz explaining the details of the dispute.

57. (Events Outside Our Control) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

58. (Third Parties) We engage third party delivery (and, from time to time, other) companies to deliver our Products to you. We are not liable or responsible for any failure by those third parties to perform, or any delay in the performance of, any of our obligations under a contract that may be caused by those third parties.

59. (Liability) To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. 

60. (Severability) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

61. (Governing Law) Your use of the Website and these Terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts in New Zealand. 

62.  (Collection Statement) We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new Products and other updates. We may disclose that information to third parties that help us deliver our Products (including information technology suppliers, delivery suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.

63. (Information) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information and Products described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

64. (Reservation of Rights) We reserve the right, at any time, to:

(a) refuse service to anyone for any reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;

(b)  modify or discontinue the purchase of Products from our Website (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product offered. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;

(c) limit the quantities of any Products that we offer. All descriptions of Products and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and

(d) discontinue any Products at any time. If that happens, any offer for any Product made on the Website is void where prohibited.

10% OFF YOUR FIRST WEEKLY MENU

1. This offer is for New, Returning and Past members to receive 10% off their first weekly menu when they purchase the Rapid Results Weight Loss Plan (Discount). The total cost of the weekly menu on the Rapid Results Weight Loss Plan will be $161.10 (after the application of the Discount, which is $17.90) based on the current price of the standard weekly menu which is $194 (Weekly Menu). An additional cost for substituting or adding items to the Weekly Menu may apply.

2. The cost of membership may be additional (based on current price of membership) (Membership).

3. The Membership includes:

• an Initial weight assessment;

• newsletters;

• recipe e-books;

• hints and tips on how to stay on track; and

• access to purchase the Weekly Menu for the duration of the Membership.

4. The Weekly Menu on the Rapid Results Weight Loss Plan consists of 28 menu items. On purchase of the Weekly Menu (at a cost of $194, before the application of the Discount on the first week’s purchase), receive a one-on-one consultation with a dedicated personal consultant, a personalised menu and activity plan, for that week. An additional cost for delivery and vitamin supplements may apply.

5. In addition, the following standard terms and conditions apply to this offer:

a) the offer is for New, Returning and Past Members only. It excludes Current Members. A new member is an individual who has never held a Jenny Craig membership (New Member), a returning member is an individual who has a current unexpired Jenny Craig membership but has not visited a Jenny Craig centre in over three (3) months (Returning Member), a past member is an individual who has previously held a Jenny Craig membership which has expired (Past Member) and a current member is an individual who currently holds a Jenny Craig membership (Current Member);

b) one offer only per New, Returning and Past Member, on their first purchase of one Weekly Menu;

c) the offer may be used in conjunction with the offer “Trial Membership for Free” and any applicable delivery offer. It is not to be used in conjunction with any other offer, unless otherwise specified;

d) the offer is conditional on the Member entering into the Jenny Craig Membership Agreement and the Health Acknowledgement;

e) the offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products (including complementary or additional foods etc);

f) this offer is only available on the Rapid Results Weight Loss Plan. It is not available on the purchase of any other plans offered by Jenny Craig;

g) the offer is available both at a Jenny Craig Centre (either in person or via phone) and also to redeem online at store.jennycraig.co.nz;

h) the Weekly Menu is payable in full each week;

i) the price of Weekly Menu items may vary from time to time;

j) subject to applicable Laws, Jenny Craig may vary, update or terminate this offer at any time; and

k) the offer commences on 4 April 2021 and ends on 26 June 2021.

6. Please note individual weight loss results may vary. Weight loss takes time and effort to be successful. Individuals should seek professional advice on diet, exercise and lifestyle changes, and consult with their doctor prior to joining the Membership.

FREE 12-WEEK TRIAL MEMBERSHIP

1. This offer is for New, Returning and Past members to join Jenny Craig’s Trial 12-week Membership for free (RRP$45.69) (Membership).

2. The Membership includes:

– an Initial weight assessment;

– Newsletters;

– Recipe e-books;

– Hints and tips on how to stay on track; and

– Access to purchase the Menu for the duration of the Membership.

3. The cost of food is additional. On purchase of the weekly menu on the Rapid Results Weight Loss Plan at a cost of $194, receive a one-on-one consultation with a dedicated personal consultant, a personalised menu and activity plan, for that week. An additional cost for delivery and vitamin supplements may apply. On meeting with your personal consultant, the weekly Menu may be personalised to your individual needs.

4. In addition, the following standard terms and conditions apply to this offer:

(a) the offer is for New, Returning and Past Members only. Excludes Current members. A new member is an individual who has never held a Jenny Craig membership (New Member), a returning member is an individual who has a current unexpired Jenny Craig membership but has not visited a Jenny Craig centre in over three (3) months (Returning Member), a past member is an individual who has previously held a Jenny Craig membership which has expired (Past Member) and a current member is an individual who currently holds a Jenny Craig membership (Current Member);

(b) one offer only per Member;

(c) the offer is not to be used in conjunction with any other offer, unless otherwise specified;

(d) the offer is conditional on the Member entering into the Jenny Craig Membership Agreement and the Health Acknowledgement;

(e) the offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products (including Menu items);

(f) the offer is available both at a Jenny Craig Centre (either in person or via phone) or online at www.store.jennycraig.co.nz ;

(g) this membership offer is only available on the Rapid Results Weight Loss Plan. It is not available on the purchase of any other plans offered by Jenny Craig;

(h) the price of weekly Menu items may vary from time to time;

(i) subject to applicable Laws, Jenny Craig may vary, update or terminate this offer at any time; and

(j) the offer ends on 26 June 2021.

5. Please note individual weight loss results may vary. Weight loss takes time and effort to be successful. Individuals should seek professional advice on diet, exercise and lifestyle changes, and consult with their doctor prior to joining the Membership.

DELIVERY OFFER  

1. This offer is for New, Returning, Past and Current members with a valid Jenny Craig membership to receive free delivery, from selected Jenny Craig Centres. To activate the offer, members must spend a minimum of $300, in one transaction.

2. There may be an additional cost of a Jenny Craig Membership (Membership).

3. The Membership includes:

– an Initial weight assessment;

– Newsletters;

– Recipe e-books;

– Hints and tips on how to stay on track; and

– Access to purchase the Menu for the duration of the Membership.

4. The cost of food is additional. On purchase of the Weekly Menu at a cost of NZ$194 (Weekly Menu), receive a one-on-one consultation with a dedicated personal consultant, a personalised menu and activity plan, for that week. An additional cost for vitamin supplements may apply. On speaking with your personal consultant, the Weekly Menu may be personalised to your individual needs.

5. The following standard terms and conditions apply to this offer:

(a) the offer is for New, Returning, Past and Current Members. A new member is an individual who has never held a Jenny Craig membership (New Member), a returning member is an individual who has a current unexpired Jenny Craig membership but has not visited a Jenny Craig centre in over three (3) months (Returning Member), a past member is an individual who has previously held a Jenny Craig membership which has expired (Past Member) and a current member is an individual who currently holds a Jenny Craig membership (Current Member);

(b) the offer may be redeemed multiple times, as long as the member holds a Membership and incurs a total minimum spend of $300 (after the application of any applicable discounts) in one transaction (Minimum Spend);

(c) if a member does not meet the Minimum Spend, a flat rate of $10 for delivery will apply, subject to clause (d) below.

(d) delivery is not available to all locations, and only to addresses within the postcode areas nominated by Jenny Craig. Members should contact their Centre/ refer to their individual Membership Agreement for delivery times and conditions;

(e) the offer may be used in conjunction with the offers “10% off First Weekly Menu Purchase” and “Free 12-Week Membership”, both online and in-centre. It may not be used in conjunction with any other offer, unless otherwise specified;

(f) the offer is conditional on the member entering into the Jenny Craig Membership Agreement and the Health Acknowledgement;

6. the offer is available both at a Jenny Craig Centre (either in person or via phone) and also to redeem online at store.jennycraig.co.nz;

(a) the offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products (including Menu items);

(b) the price of Weekly Menu items may vary from time to time;

(c) subject to applicable Laws, Jenny Craig may vary, update or terminate this offer at any time;

(d) the offer commences on 4 April 2021 and ends on 26 June 2021.

7. Please note individual weight loss results may vary. Weight loss takes time and effort to be successful. Individuals should seek professional advice on diet, exercise and lifestyle changes, and consult with their doctor prior to joining the Membership.

VIP MEMBER OFFER

1. This offer is for customers of Jenny Craig who hold an existing VIP membership obtained at a Jenny Craig centre (VIP Members) (VIP Membership).

2. The terms and conditions of the VIP Membership, obtained in-centre for in-centre use only, can be found here (VIP Membership Terms – In Centre).

3. VIP Members may also use their VIP Membership online at www.store.jennycraig.co.nz, to receive a 10% discount on the purchase of a weekly menu (Discount). The total cost of the weekly menu will be $174.60 (after the application of the Discount) based on the current price of the standard weekly menu which is $194 (Weekly Menu). An additional cost of substituting or adding items to the Weekly Menu may apply. 

4. In addition:

(a) on purchase of your first Weekly Menu online, receive a courtesy call from a trained Jenny Craig Consultant to schedule your first telephone consultation (Courtesy Call); and

(b) on purchase of each Weekly Menu online, receive a telephone consultation with a trained Jenny Craig Consultant (Weekly Consultation). 

5. The following standard terms and conditions also apply to this offer:

(a) the Discount is available to those VIP Members of Jenny Craig that hold an existing VIP Membership obtained in-centre pursuant to the VIP Membership Terms – In Centre; 

(b) the Discount will automatically be applied on each occasion a VIP Member purchases a Weekly Menu online at www.store.jennycraig.co.nz.

(c) a VIP Member may use the Discount to purchase a maximum of four weeks of Weekly Menus only, in one transaction;

(d) with the exception of the Discount, all benefits offered by the VIP Membership pursuant to the VIP Membership Terms – In Centre are only available to the VIP Member in-centre. For completeness, if a VIP Member wishes to access or redeem benefits such as the rebates set out in the VIP Membership Terms – In Centre, they may only do so in-centre (with weigh-ins also to be carried out in-centre);

(e) the Discount is not to be used in conjunction with any other offer, unless otherwise specified;

(f) the current price of the standard Weekly Menu (before the application of the Discount) is NZ$194. Customers may substitute a maximum of 5 menu items from the standard Weekly Menu, prior to placing their order, which may alter the cost of the standard Weekly Menu to be within a range of NZ$184 to NZ$204 per week;

(g) the use of the Discount is conditional on the VIP Member agreeing to the terms and conditions available online;

(h) the Discount is not transferrable or exchangeable and cannot be redeemed for cash, credit or products (including complementary or additional foods etc);

(i) to avail the Discount, you must hold a VIP Membership at the time of ordering the weekly Menu;

(j) the cost of the Weekly Menu (less the Discount) is payable in full at the time of placing your order;

(k) an additional cost for delivery and vitamin supplements may apply;

(l) the price of weekly Menu items may vary from time to time;

(m) you will receive a Courtesy Call from a trained Jenny Craig Consultant after you purchase your first Weekly Menu;

(n) you will receive a Weekly Consultation each week when you purchase a Weekly Menu, unless you choose to opt out;

(o) if you purchase your Weekly Menu online, your Weekly Consultation will take place via a telephone call from a trained Jenny Craig Consultant; 

(p) subject to applicable Laws, Jenny Craig may vary, update or terminate this offer at any time. 

6. Please note individual weight loss results may vary. Weight loss takes time and effort to be successful. Individuals should seek professional advice on diet, exercise and lifestyle changes, and consult with their doctor prior to joining the Membership.

SATISFACTION GUARANTEE

1. Subject to the terms set out below, Jenny Craig offers a five (5) day Satisfaction Guarantee on your first order. The Satisfaction Guarantee is offered in addition to the rights and remedies available under the Law.

2. Under the Satisfaction Guarantee, if for any reason you are not 100% satisfied with your first order of Products, you may return the unused portion of your Products to us, for a full refund of the purchase price.

3. To claim the Satisfaction Guarantee, you must:

(a) within 5 days of receiving delivery of your first order, contact the Customer Care Team at 0800 502 302 or by email on customercare@jennycraig.co.nz to advise why you are not satisfied and to register your claim; and

(b) within 5 days of receiving confirmation from the Customer Care Team of the registration of your claim, send the dry food Products in your order (only) to the Jenny Craig NZ, 166 Cameron Road, Tauranga, Bay of Plenty, NZ, 3110 (Head Office),

(Claim Requirements)

4. Items returned outside the Claim Requirements will be discarded and no refund will be issued. Returns will only be accepted at Head Office. They will not be accepted to any other address or to any of our Jenny Craig Centres. However, this is not intended to limit the applicability of rights and remedies available under the Law where items do not meet a statutory guarantee.

5. Once the Products are received by Head Office, a refund will be issued to you. If you made your original purchase:

(a) on our Website, a refund will be issued to you via your original payment method; or

(b) at a Jenny Craig centre (via phone or in person, whether by credit card or cash), a refund will be issued to your nominated bank account (on receipt of your bank account details,

within 3 - 5 business days and an e-mail notification will be sent to you. If the Products are not received by Head Office, we will be unable to provide a refund.

6. The Satisfaction Guarantee is only available to new members only, on their first order only. For completeness, there is a limit of one Satisfaction Guarantee claim per one person.

7. The Satisfaction Guarantee claim is available on your full first order, which may include the following items:

(a) any additional items purchased by you along with your weekly menu (such as vitamins) in your first order; and

(b) any amounts paid by you for delivery of your first order.

8. Any membership costs paid are excluded from the Satisfaction Guarantee and will not be refunded.
Other Refunds

9. Outside of the Jenny Craig Satisfaction Guarantee, due to the nature of our Website, we are not obliged to refund any payment you make to us, except as required under the Law.

10. If you placed an order on our Website and have received Products that are not what you ordered or faulty you may contact us by phone on 0800 502 302 or by email on customercare@jennycraig.co.nz within twenty-four (24) hours of the time of delivery or collection via click and collect, to organise a refund. We may require photos of the Product/s to assist in our investigation.

11. If you have taken up the delivery option and Products have been damaged during the delivery process, then you may also contact us by phone on 0800 502 302 or by email on customercare@jennycraig.co.nz within twenty-four (24) hours of the time of delivery to organise a refund. In addition:

(a) we may require photos of the Product/s and/ or delivery to assist in our investigation; and

(b) failure to contact us within the above designated time will deem your acceptance of the delivery, which you will be charged for. We may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged. For the method of refund, please see item 5 above.

12. If, following an investigation under either clause 10 or 11 above, there is no fault on our part, you will bear all costs associated with the refusal and return of any order. Failure to adhere to our Terms will prohibit any refunds being issued to you.

13. If the Products have been opened, used or damaged after delivery or, if you take up the click & collect option, after you have collected the Products from a Centre, or if any attempt has been made to alter the Products, we will not offer a refund except as required by Law.

$30 OFF FIRST WEEKLY MENU (EXPIRED)

1. This offer is for New, Returning and Past members to receive a $30 discount on their first weekly menu when they purchase the Rapid Results Weight Loss Plan (Discount). The total cost of the weekly menu on the Rapid Results Weight Loss Plan will be $164 (after the application of the Discount) based on the current price of the standard weekly menu which is $194 (Weekly Menu). An additional cost for substituting or adding items to the Weekly Menu may apply.

2. The cost of membership may be additional (based on current price of membership) (Membership).

3. The Membership includes:

• an Initial weight assessment;

• newsletters;

• recipe e-books;

• hints and tips on how to stay on track; and

• access to purchase the Menu for the duration of the Membership.

4. The Weekly Menu on the Rapid Results Weight Loss Plan consists of 28 menu items. On purchase of the Weekly Menu (at a cost of $194, before the application of the Discount), receive a one-on-one consultation with a dedicated personal consultant, a personalised menu and activity plan, for that week. An additional cost for delivery and vitamin supplements may apply.

5. In addition, the following standard terms and conditions apply to this offer:

a) the offer is for New, Returning and Past Members only. It excludes Current members. A new member is an individual who has never held a Jenny Craig membership (New Member), a returning member is an individual who has a current unexpired Jenny Craig membership but has not visited a Jenny Craig centre in over three (3) months (Returning Member), a past member is an individual who has previously held a Jenny Craig membership which has expired (Past Member) and a current member is an individual who currently holds a Jenny Craig membership (Current Member);

b) one offer only per New, Returning and Past Member;

c) the offer may be used in conjunction with the offer “Trial Membership for Free” and any applicable delivery offer. It is not to be used in conjunction with any other offer, unless otherwise specified;

d) the offer is conditional on the Member entering into the Jenny Craig Membership Agreement and the Health Acknowledgement;

e) the offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products (including complementary or additional foods etc);

f) this offer is only available on the Rapid Results Weight Loss Plan. It is not available on the purchase of any other plans offered by Jenny Craig;

g) the offer is available both at a Jenny Craig Centre (either in person or via phone) or may be redeemed online at www.store.jennycraig.co.nz;

h) the Weekly Menu is payable in full each week;

i) the price of Weekly Menu items may vary from time to time;

j) subject to applicable Laws, Jenny Craig may vary, update or terminate this offer at any time; and

k) the offer commences on 07 February 2021 and ends on 03 April 2021.

6. Please note individual weight loss results may vary. Weight loss takes time and effort to be successful. Individuals should seek professional advice on diet, exercise and lifestyle changes, and consult with their doctor prior to joining the Membership.

FREE DELIVERY (EXPIRED)

1. This offer is for New, Returning and Past customers of Jenny Craig, who hold a valid membership, to receive free delivery on placing an order for their first weekly menu on the Rapid Results Weight Loss Plan in centre or online at www.store.jennycraig.co.nz (Weekly Menu). To activate the offer, members must purchase a Weekly Menu, in one transaction. The current price of the standard Weekly Menu on the Rapid Results Weight Loss Plan is NZ $194.

2. The cost of membership may be additional (based on the current price of membership set out in the Membership Terms) (Membership).

3. The Membership includes:

- an Initial weight assessment;

- Newsletters;

- Recipe e-books;

- Hints and tips on how to stay on track; and

- Access to purchase the Menu for the duration of the Membership.

4. The cost of food is additional. On purchase of the weekly menu on the Rapid Results Weight Loss Plan at a cost of NZ$194 (Weekly Menu) receive a one-on-one consultation with a dedicated personal consultant, a personalised menu and activity plan, for that week. An additional cost for vitamin supplements may apply. On speaking with your personal consultant, the Weekly Menu may be personalised to your individual needs.

5. The following standard terms and conditions apply:

(a) the offer is for New, Returning and Past Members. Current Members are excluded from this offer. A new member is an individual who has never held a Jenny Craig membership (New Member), a returning member is an individual who has a current unexpired Jenny Craig membership but has not visited a Jenny Craig centre in over three (3) months (Returning Member), a past member is an individual who has previously held a Jenny Craig membership which has expired (Past Member) and a current member is an individual who currently holds a Jenny Craig membership (Current Member);

(b) the offer may be used in conjunction with the offers “$30 off First Weekly Menu Purchase” and “Free 8-Week Membership”. It may not be used in conjunction with any other offer, unless otherwise specified;

(c) the current price of the standard Weekly Menu on the Rapid Results Weight Loss Plan is $194;

(d) the offer is conditional on the customer agreeing to the terms and conditions available;

(e) the offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products (including Weekly Menu items);

(f) this offer is only available on the Rapid Results Weight Loss Plan. It is not available on the purchase of any other plans offered by Jenny Craig;

(g) at present, we are unable to deliver to all areas across New Zealand. We only deliver to a location where we provide delivery services. When you place your order, your nearest Centre will call you within 24 hours (Monday to Friday)/ speak with you to arrange a suitable delivery time;

(h) the cost of the Weekly Menu is payable at the time of ordering;

(i) the cost of the Membership, if any, is payable at the time of ordering the Weekly Menu;

(j) an additional cost for vitamin supplements may apply;

(k) the price of Weekly Menu items may vary from time to time;

(l) subject to applicable Laws, Jenny Craig may vary, update or terminate this offer at any time; and

(m) the offer ends on 03 April 2021.

6. Please note individual weight loss results may vary. Weight loss takes time and effort to be successful. Individuals should seek professional advice on diet, exercise and lifestyle changes, and consult with their doctor prior to joining the Membership.

GENERAL

1. This policy (together with the documents referred to in it, particularly the Privacy Policy) sets out the terms and conditions upon which Jenny Craig Weight Loss Centres (NZ) Limited (271677) (Jenny Craig, we, us, our) will supply to the Customer (you, your) the products namely, 

(a) three (3) Simple Meal Plan boxes which each contain 7 set breakfasts and 7 set lunches (a total of 14 individually packaged meals); and

(b) three (3) Essential Meal Plan boxes which each contain 7 set lunches, 7 set dinners and 7 set snacks/ desserts (a total of 21 individually wrapped packaged meals and snacks),

(together and individually referred to as Products) which are listed on our Website www.jennycraig.co.nz (Website) (together the Terms).

2. You should review these Terms (including the Privacy Policy which can be found here) carefully before ordering any Products from our Website. If you do not agree to these Terms, you should immediately cease using our Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

3. By placing an order through our Website, you warrant that you:

(a) are at least 18 years old; 

(b) are legally capable of entering into a binding contract; 

(c) are residing in New Zealand; and

(d) agree to these Terms.

PLACING AN ORDER

4. You may order Products by selecting and submitting your order through our Website.

5. Any order placed through our Website for a Product, is an offer by you to purchase the particular Product for the price notified on the Website (including delivery, tax and any other charges as may be applicable) at the time of your order.

6. By placing an order, you agree to provide us with up to date, complete and correct details when asked to do so by the Website. We may request certain personal identifiable information from you and ask you to provide additional details, to enable us to process any orders placed. You may be required to provide contact information (such as name, email, and delivery address) and financial information (such as credit card number, expiration date and CCV). Please refer to our Privacy Policy for more information on how we collect and use your information.

7. Each order placed for Products through our Website which we accept, results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms.

PRICE AND PAYMENT

8. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

(a) the purchase price of each Product that is ordered, which is shown on the Website at the time you place your order;

(b) the delivery charges provided to you at the time of your order, if any; and

(c) any other fees and charges set out in these Terms.

9. All fees and charges set out in these Terms and all prices for the Products listed on the Website include GST (where applicable).

10. The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error. 

11. Payment for all Products must be made by credit card- we accept payment by Visa, Mastercard and Amex only.

12. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order. If:

(a) a Product that you have ordered is not available and we have not provided you with a substitute; or

(b) you cancel an order with the timeframe set out in these terms,

we will provide you with a refund within 3 - 5 business days to your card of purchase, to the value of the Product/s that were not supplied to you.

13. After ordering online, you will receive an email confirmation from us containing your order details to the email address used to place the order.

14. If a Product you have ordered is out of stock or unavailable, due to high demand or otherwise, we reserve the right to provide you with substitute Product/s.

CANCELLING AN ORDER

Cancellation by us

15. We may cancel any part of an order (including those orders that we have accepted) without any liability for that cancellation at any time if:

(a) the requested Products in that order are not available;

(b) there is an error in the price of the Product or in the Product description listed on the Website;

(c) that order has been placed in breach of these terms;

16. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the delivery date or (or, in the case of click & collect, before you collect the order)  if you are not at fault or in breach of these terms.

Cancellation by you

17. If you wish to cancel you order, you will need to contact our Customer Care Team on 0800 502 302 Monday to Saturday or by emailing us at customercare@jennycraig.co.nz. We will happily cancel your order before it has been dispatched/ the time nominated for your click & collect, although we are unable to cancel orders that have already been dispatched. Please note, as a guide, we may dispatch orders as soon as two (2) hours after receiving them.

DELIVERY

18. At present, we are able to deliver to the majority of areas across New Zealand. However, if on receipt of your Order, we identify that we are unable to deliver to your area due to it being a remote location or otherwise, we will contact you as soon as possible to arrange a refund. 

19. You agree to provide us with complete and accurate information in respect of your delivery address, to enable us to fulfil your order that we have accepted. A delivery address may not be altered once an Order has been placed.

20. Unfortunately, we cannot give or adhere to a request for a specific delivery time. However, we estimate your order will be delivered within one (1) and four (4) days of placing your order.

21. Unless specific instructions are otherwise provided, our standard procedure is to deliver the Products to the front gate or front door at the address provided by you if we deem the premises safe and secure. If you ask us to deliver, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the address provided by you.

22. We accept no responsibility for loss, deterioration or damage to any Products once they have been delivered to your nominated delivery address. To ensure product integrity, you must place frozen Products into a freezer as soon as possible.

23. We will not be held liable for any financial or physical damages of any kind. We will not replace or provide a refund for any Products ordered by you and/or delivered to you by mistake. 

24. You must notify us if you have received an incorrect Product or if you are missing a Product within 24 hours of delivery by phone on 1800 453 669.  Missing Products will be refunded to you to your card of purchase. Failure to comply with these policies will result in no replacement Product or refund.

25. We reserve the right to change or alter delivery days and times, without notice.  

CLICK & COLLECT

26. If, when placing an order for Products on our Website, you have selected the click & collect option, the terms and conditions set out in this section F will apply.

27. On selecting the click & collect option, you will be provided with:

(a) details of your nearest Jenny Craig Centre/s so you may nominate a Centre for collection of your order (Nominated Centre); and

(b) one or more allocated timeframes, for your nomination, within which you must collect your order (Timeframe). 

28. Your order will be available for collection at your Nominated Centre Monday to Thursday inclusive, only. Our click and collect service is not available Friday to Sunday inclusive. If you place your order after 2pm on a Wednesday, it will not be ready for collection until Monday. 

29. Opening hours may vary from centre to centre. Please ensure you verify the opening hours of your Nominated Centre before attending for collection, by telephoning the Centre or visiting Find a Centre.

30. You must collect your order within the Timeframe nominated when placing your order. We will only hold your order for up to one (1) week after the expiry of your Timeframe. If you fail to collect your order during that additional one (1) week period, we will issue you with a refund.

31. To collect your order, you must attend at your Nominated Centre with your confirmation of order email, your order number and a physical photo ID.

32. From time to time, we may need to substitute Product/s in your order for other similar Product/s if a Product is unavailable for any reason.

33. Subject to the terms of our Refund Policy below, we accept no responsibility for loss, deterioration or damage to any Products once they have been collected by you. We note that, as a guideline, to ensure product integrity, you must place frozen Products into a freezer ASAP after collection.  

34. There is no additional charge for click & collect. 

35. Click & collect is offered subject to availability. Not all Jenny Craig Centres offer the click & collect service.

REFUND POLICY

Jenny Craig Satisfaction Guarantee

36. Subject to the terms set out below, Jenny Craig offers a five (5) day Satisfaction Guarantee on your first order. The Satisfaction Guarantee is offered in addition to the rights and remedies available under the Law. 

37. Under the Satisfaction Guarantee, if for any reason you are not 100% satisfied with your first order of Products, you may return the unused portion of your Products to us, for a full refund of the purchase price.

38. To claim the Satisfaction Guarantee, you must:

(a) within 5 days of receiving delivery of your first order, contact the Customer Care Team at customercare@jennycraig.co.nz or on 0800 555 123 to advise why you are not satisfied and to register your claim; and

(b) within 5 days of receiving confirmation from the Customer Care Team of the registration of your claim, send the dry food Products in your order (only) to the Jenny Craig NZ, 166 Cameron Road, Tauranga, Bay of Plenty, NZ, 3110 (Head Office),

(Claim Requirements)

39. Items returned outside the Claim Requirements will be discarded and no refund will be issued. Returns will only be accepted at Head Office. They will not be accepted to any other address or to any of our Jenny Craig Centres. However, this is not intended to limit the applicability of rights and remedies available under the Law where items do not meet a statutory guarantee.

40. Once the Products are received by Head Office, a refund will be issued to you via your original payment method within 3 - 5 business days and an e-mail notification will be sent to you. If cash was used or your original payment method is no longer valid, a cheque will be mailed to the mailing address we have for you on our file within 2 to 3 weeks. If the Products are not received by Head Office, we will be unable to provide a refund. 

41. The Satisfaction Guarantee is only available to new members only, on their first order only. For completeness, there is a limit of one Satisfaction Guarantee claim per one person.

42.  The Satisfaction Guarantee claim is available on your full first order, which may include the following items:

(a) any additional items purchased by you along with your weekly menu (such as vitamins) in your first order; and

(b) any amounts paid by you for delivery of your first order.

43. Any membership costs paid are excluded from the Satisfaction Guarantee and will not be refunded.

Other Refunds

44. Outside of the Jenny Craig Satisfaction Guarantee, due to the nature of our Website, we are not obliged to refund any payment you make to us, except as required under the Law. 

45. If you placed an order on our Website and have received Products that are not what you ordered or faulty you may contact us by phone on 0800 502 302 or by email on customercare@jennycraig.co.nz within twenty-four (24) hours of the time of delivery or collection via click and collect, to organise a refund. We may require photos of the Product/s to assist in our investigation.

46. If you have taken up the delivery option and Products have been damaged during the delivery process, then you may also contact us by phone on 0800 502 302 or by email on customercare@jennycraig.co.nz within twenty-four (24) hours of the time of delivery to organise a refund. In addition:

(a) we may require photos of the Product/s and/ or delivery to assist in our investigation; and

(b) failure to contact us within the above designated time will deem your acceptance of the delivery, which you will be charged for. We may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged. Any refunds will be processed to your card of purchase only.

47. If, following an investigation under either clause 46 or 47 above, there is no fault on our part, you will bear all costs associated with the refusal and return of any order. Failure to adhere to our Terms will prohibit any refunds being issued to you.

48. If the Products have been opened, used or damaged after delivery or, if you take up the click & collect option, after you have collected the Products from a Centre, or if any attempt has been made to alter the Products, we will not offer a refund except as required by Law. 

HEALTH ACHOWLEDGEMENT

49. We strongly recommend that you consult your Doctor prior to consuming the Products if you have any health concerns or medical conditions, to ensure they are safe for you to consume.

50. As a guideline, we recommend that these Products are not safe for you if you:

(a) have coeliac disease;

(b) require a vegan, kosher or halal diet;

(c) are pregnant (or if you have given birth in the last 6 weeks);

(d) are being treated with dialysis/ hemodialysis;

(e) have or have had anorexia, bulimia, or any other eating disorder within the last 2 years;

(f) are being treated for cancer or have treatment planned (i.e. surgery, chemotherapy, radiation, radiotherapy); and/ or

(g) have an allergy (that is serious, i.e. that may result in an anaphylactic reaction, or otherwise) or an intolerance to any of the ingredients listed for any of the Products; 

51. You are responsible for:

(a) seeking professional advice as to your diet, exercise and any lifestyle change; 

(b) your own health, ensuring that you regularly consult your doctor regarding the need to modify medications and/or your level of physical activity (and will inform him/her if you experience changes in your health condition while consuming our Products);

(c) ensuring you do not have any health conditions which prohibit you from consuming any of our Products.

52. It is also your responsibility to refer to the Nutritional Panel and Ingredients of each Product before purchase and consumption.

53. While we take all due care to keep allergy prone ingredients out of certain Products, please be aware they may still be present. We accept no liability whatsoever to any allergic reaction by you as a result of consuming a Product.

WARRANTIES AND DISCLAIMERS

54. To the maximum extent permitted by law, including the New Zealand Consumer Law, we make no warranties or representations about the Website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

55. We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

56. You expressly agree that your use of, or inability to use, the service provided at the Website is at your sole risk. The service and all Products delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

GENERAL MATTERS

57. (No Membership Required) In purchasing the Products you are not required to pay any joining fee or a membership fee and are not required to sign up to any program. The Products are offered to you to purchase as part of our new convenience menu.

58. (No Product Swaps) The Products in the Simple Meal Plans and the Essential Meal Plans are set and are to be purchased as is. The Products in these Plans are not able to be swapped for other alternative Products. 

59. (Discounts) From time to time discounts may be available (whether to our existing members (including but not limited to our VIP Members) or otherwise) on the Products available for purchase on our Website. From time to time there may be a delivery offer available, which may be used in conjunction with the purchase of Products.

60. (Title) Title in the Products will pass to you from the time of delivery.

61. (Disputes) Any disputes must to be lodged in writing to us at customercare@jennycraig.co.nz explaining the details of the dispute.

62. (Events Outside Our Control) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

63. (Third Parties) We engage third party delivery (and, from time to time, other) companies to deliver our Products to you. We are not liable or responsible for any failure by those third parties to perform, or any delay in the performance of, any of our obligations under a contract that may be caused by those third parties.

64. (Liability) To the maximum extent permitted by law, including the New Zealand Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

65. (Severability) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

66. (Governing Law) Your use of the Website and these Terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in New Zealand. 

67. (Collection Statement) We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new Products and other updates. We may disclose that information to third parties that help us deliver our Products (including information technology suppliers, delivery suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.

68. (Information) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information and Products described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

69. (Reservation of Rights) We reserve the right, at any time, to:

(a) refuse service to anyone for any reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;

(b) modify or discontinue the purchase of Products from our Website (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product offered. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;

(c) limit the quantities of any Products that we offer. All descriptions of Products and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and

(d) discontinue any Products at any time. If that happens, any offer for any Product made on the Website is void where prohibited.